Gambling (Licensing and Advertising) Act 2014...2 Gambling (Licensing and Advertising) Act 2014 (c. 17 ) (3) In section 26B of the Betting and Gaming Duties Act 1981 (remote gaming

Gambling (Licensing and Advertising) Act

2014CHAPTER 17

Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately

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Gambling (Licensing and Advertising) Act 2014

CHAPTER 17

CONTENTS

Licensing1 Licensing of remote gambling2 Payment of Horserace Betting Levy by holders of remote operating licences

Advertising3 Repeal of existing offence of advertising foreign gambling4 Advertising of gambling by way of remote communication: Great Britain5 Offence of advertising unlicensed remote gambling: Northern Ireland

Final provisions6 Extent, commencement and short title

ELIZABETH II c. 17

Gambling (Licensing and Advertising) Act 2014

2014 CHAPTER 17

An Act to make provision about the licensing and advertising of gambling.[14th May 2014]

E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Licensing

1 Licensing of remote gambling

(1) In section 33 of the Gambling Act 2005 (provision of facilities for gambling),after subsection (3) insert—

“(3A) Section 36(3A) limits the application of this section in cases involvingthe use in Great Britain of certain facilities for remote gambling.”

(2) In section 36 of that Act (territorial application: provision of facilities forgambling), for subsection (3) substitute—

“(3) Section 33 applies to the provision of facilities for remote gambling onlyif—

(a) at least one piece of remote gambling equipment used in theprovision of the facilities is situated in Great Britain, or

(b) no such equipment is situated in Great Britain but the facilitiesare used there.

(3A) In a case within subsection (3)(b), the person providing the facilitiescommits an offence under section 33 only if the person knows or shouldknow that the facilities are being used, or are likely to be used, in GreatBritain.”

B

Gambling (Licensing and Advertising) Act 2014 (c. 17)2

(3) In section 26B of the Betting and Gaming Duties Act 1981 (remote gamingduty), omit paragraph (a) (and the “or” at the end).

(4) The Secretary of State may by order made by statutory instrument makeprovision about the making, consideration and determination of advanceapplications.

(5) “Advance application” means an application for, or for the variation of, aremote operating licence (within the meaning given by the Gambling Act 2005)that is made in anticipation of the coming into force of subsections (1) and (2).

(6) An order under subsection (4) may—(a) confer a discretion on the Gambling Commission;(b) include provision modifying, applying or replicating any provision

made by or under the Gambling Act 2005;(c) make different provision for different purposes;(d) include incidental, consequential, transitory or transitional provision.

(7) A statutory instrument containing an order under subsection (4) is subject toannulment in pursuance of a resolution of either House of Parliament.

2 Payment of Horserace Betting Levy by holders of remote operating licences

(1) The Secretary of State may by regulations made by statutory instrument makeprovision so as to secure that the bookmakers by whom the levy under section27 of the Betting, Gaming and Lotteries Act 1963 is payable includebookmakers who are required to hold a remote operating licence (within themeaning given by the Gambling Act 2005).

(2) Regulations under subsection (1) may—(a) confer a discretion on any person;(b) include provision amending, repealing, revoking or otherwise

modifying any provision made by or under an enactment;(c) make different provision for different purposes;(d) include incidental, consequential, transitory, transitional or saving

provision.

(3) No regulations may be made under subsection (1) unless a draft of thestatutory instrument containing them has been laid before and approved by aresolution of each House of Parliament.

(4) Nothing in this section is to be read as preventing—(a) the bringing into force of Part 2 of the Horserace Betting and Olympic

Lottery Act 2004, or(b) the exercise of any power under that Part.

Advertising

3 Repeal of existing offence of advertising foreign gambling

(1) Section 331 of the Gambling Act 2005 (offence of advertising foreign gambling)is repealed.

(2) In consequence of the provision made by subsection (1), in that Act—(a) omit the following provisions—

Gambling (Licensing and Advertising) Act 2014 (c. 17) 3

(i) section 332(3),(ii) section 333(3), and

(iii) section 361(1)(b) (but not the “and” at the end), and(b) in section 333(4), for “(1)(a), (2)(a) and (3)” substitute “(1)(a) and (2)(a)”.

4 Advertising of gambling by way of remote communication: Great Britain

(1) Section 333 of the Gambling Act 2005 (territorial application: remoteadvertising) is amended as follows.

(2) In subsection (2), omit paragraph (b) (but not the “and” at the end).

(3) For subsection (9)(b) substitute—“(b) in the case of remote gambling, that—

(i) at least one piece of remote gambling equipment to beused in providing facilities for the gambling is or will besituated in Great Britain, or

(ii) no such equipment is or will be situated in Great Britain,but the facilities are or will be capable of being usedthere.”

5 Offence of advertising unlicensed remote gambling: Northern Ireland

(1) A person who advertises unlicensed remote gambling commits an offence.

(2) The prohibition in subsection (1) applies to anything in the way of advertisingwhich is done—

(a) wholly or partly in Northern Ireland, and(b) otherwise than by way of remote communication.

(3) The prohibition in subsection (1) applies to advertising by way of remotecommunication only if the advertising involves—

(a) providing information by whatever means (and whether or not usingremote communication), intended to come to the attention of one ormore persons in Northern Ireland,

(b) sending a communication intended to come to the attention of one ormore persons in Northern Ireland,

(c) making data available with a view to its being accessed by one or morepersons in Northern Ireland, or

(d) making data available in circumstances such that it is likely to beaccessed by one or more persons in Northern Ireland.

(4) A person guilty of an offence under subsection (1) is liable on summaryconviction to—

(a) imprisonment for a term not exceeding 6 months,(b) a fine not exceeding level 5 on the standard scale, or(c) both.

(5) In this section “unlicensed remote gambling” means remote gambling thefacilities in respect of which are not provided in reliance on a licence issuedunder Part 5 of the Gambling Act 2005, but does not include a lottery.

(6) Expressions used in this section and in the Gambling Act 2005 have the samemeanings in this section as in that Act.

Gambling (Licensing and Advertising) Act 2014 (c. 17)4

Final provisions

6 Extent, commencement and short title

(1) Section 3(1) and this section extend to England and Wales, Scotland andNorthern Ireland.

(2) Section 5 extends to Northern Ireland only.

(3) The other provisions of this Act extend to England and Wales and Scotlandonly.

(4) Section 1(4) to (7) and this section come into force on the day on which this Actis passed.

(5) The other provisions of this Act come into force on such day as the Secretary ofState may by order made by statutory instrument appoint (and different daysmay be appointed for different purposes).

(6) An order under subsection (5) may include consequential, transitory,transitional or saving provision.

(7) This Act may be cited as the Gambling (Licensing and Advertising) Act 2014.

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